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IN RE MIRANT CORP.

No. 09-10451.

613 F.3d 584 (2010)

In the Matter of: MIRANT CORPORATION, Debtor. MC Asset Recovery LLC, as successor in interest & as representative of, on behalf of Mirant Corporation, Plaintiff-Appellee, v. Castex Energy, Inc.; Castex Energy 1995, LP; Castex Energy 1996, LP; Laterre Co., Ltd., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 2, 2010.

Attorney(s) appearing for the Case

John Robert Forshey (argued), Suzanne K. Rosen, Forshey & Prostok, L.L.P., Fort Worth, TX, for Plaintiff-Appellee.

Louis Middleton Phillips, Ryan James Richmond, Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P., Baton Rouge, LA, Jonathan Bridges, Susman Godfrey, L.L.P., Dallas, TX, Neal Stuart Manne, Karen A. Oshman (argued), Susman Godfrey, L.L.P., Houston, TX, for Defendants-Appellants.

Before JONES, Chief Judge, and SMITH and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This appeal arises from a dispute between Castex Energy and MC Asset Recovery ("MCAR") regarding the alleged breach of a purchase and sale agreement. Castex appeals the district court's denial of its motion to compel arbitration. For the following reasons, we AFFIRM.

I.

In 2001, Mirant Corporation and its affiliates (collectively, "the Mirant Entities"), MCAR's predecessors...

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